[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR202.118]



[Page 47]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE

 

PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS

AND STOCKYARDS ACT--Table of Contents

 

Sec. 202.118  Rule 18: Presiding officer.



    (a) Powers. Subject to review as provided elsewhere in these rules, 

the presiding officer assigned to any proceeding shall have power to:

    (1) Set the time, place, and manner of a prehearing conference and 

an oral hearing, adjourn the oral hearing from time to time, and change 

the time, place, and manner of oral hearing;

    (2) Administer oaths and affirmations;

    (3) Issue subpoenas requiring the attendance and testimony of 

witnesses and the production of documentary evidence at an oral hearing;

    (4) Summon and examine witnesses and receive evidence at an oral 

hearing;

    (5) Take or order the taking of depositions;

    (6) Admit or exclude evidence;

    (7) Hear oral argument on facts or law;

    (8) Require each party to provide all other parties and the 

presiding officer with a copy of any exhibit that the party intends to 

introduce into evidence prior to any oral hearing to be conducted by 

telephone or audio-visual telecommunication;

    (9) Require each party to provide all other parties with a copy of 

any document that the party intends to use to examine a deponent prior 

to any deposition to be conducted by telephone or audio-visual 

telecommunication;

    (10) Require that any hearing to be conducted by telephone or audio-

visual telecommunication be conducted at locations at which the parties 

and the presiding officer are able to transmit and receive documents 

during the hearing;

    (11) Require that any deposition to be conducted by telephone or 

audio-visual telecommunication be conducted at locations at which the 

parties are able to transmit and receive documents during the 

deposition; and

    (12) Do all acts and take all measures necessary for the maintenance 

of order and the efficient conduct of the proceeding, including the 

exclusion of contumacious counsel or other persons.

    (b) Motions and requests. The presiding officer is authorized to 

rule on all motions and requests filed in the proceeding prior to 

submission of the presiding officer's report to the judicial officer, 

Provided, That a presiding officer is not authorized to dismiss a 

complaint. Submission or certification of any question to the judicial 

officer, prior to submission of the report, shall be in the discretion 

of the presiding officer.

    (c) Reassignment. For any good reason, including absence, illness, 

resignation, death, or inability to act, of the attorney assigned to act 

as a presiding officer in any proceeding under these rules, the powers 

and duties of such attorney in the proceeding may be assigned to any 

other attorney who is employed in the Office of the General Counsel of 

the Department, without abatement of the proceeding.

    (d) Disqualification. No person shall be assigned to act as a 

presiding officer in any proceeding who (1) has any material pecuniary 

interest in any matter or business involved in the proceeding; (2) is 

related within the third degree by blood or marriage to any party to the 

proceeding; or (3) has any conflict of interest which might impair such 

person's objectivity in the proceeding. A person assigned to act as a 

presiding officer shall ask to be replaced, in any proceeding in which 

such person believes that reason exists for disqualification of such 

person.

    (e) Procedure on petition for disqualification. Any party may file a 

petition for disqualification of the presiding officer, which shall set 

forth with particularity the grounds of alleged disqualification. Any 

such petition shall be filed with the hearing clerk, who shall 

immediately transmit it to the judicial officer and inform the presiding 

officer. The record of the proceeding also shall immediately be 

transmitted to the judicial officer. After such investigation or hearing 

as the judicial officer deems necessary, the judicial officer shall 

either deny the petition or direct that another presiding officer be 

assigned to the proceeding. The petition, and notice of the order of the 

judicial officer, shall be made a part of the record and served on the 

parties; if any record is made on such a petition, it shall be a part of 

the record of the proceeding.



[43 FR 30510, July 14, 1978, as amended at 60 FR 8467, Feb. 14, 1995]



[[Page 48]]